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FACILITIES AND PROPERTY COMMITTEE (Following the Finance and Audit Committee)
Friday, September 6, 2013
Southern University Shreveport
3050 Martin Luther King, Jr. Drive
Shreveport, Louisiana
AGENDA
1. Call to Order
2. Roll Call
3. Adoption of the Agenda
4. Public Comments
5. Action Items:
A. Approval of Small Capital Projects, SUS
B. Approval of On-campus Child Daycare Facility, SUNO
C. Approval of Small Capital Project-Daycare Center, SUSLA
D. Approval of Right-of-Way and Servitude Agreement for Genesis Pipeline for
Southern University Property
6. Other Business
7. Adjournment
MEMBERS Atty. Walter C. Dumas – Chair; Mrs. Ann A. Smith - Vice Chair;
Atty. Murphy F. Bell, Jr., Mr. Calvin W. Braxton, Sr., Mr. Willie E. Hendricks Mr. Darren G. Mire, Dr. Leon R. Tarver II, Rev.. Samuel C. Tolbert, Jr.
Atty. Bridget A. Dinvaut - Ex Officio
Genesis / Southern University Servitudes
Discussion
August 2013
-2-
Master Limited Partnership (NYSE: GEL)
L.P. market capitalization of ~$4.1 billion
Enterprise Value of $5+ billion
Integrated portfolio of assets increasingly
designed to:
Handle crude oil upstream of refineries
Perform sulfur removal and other services inside
refineries
Handle products (primarily intermediate and
heavies) downstream of refineries
Culture focused on health, safety and
environmental stewardship
Genesis Energy, L.P. Overview Financial & Capital Markets Detail
LTM 3/31/13 Pro Forma EBITDA: $275 million
32 consecutive quarters of distribution increases,
27 of which have been greater than 10% year-over-
year
Recent capital markets activities include the
following:
Completed offering of $350 million of 5.750%
senior unsecured notes in February 2013
Upsized committed credit facility from $775
million to $1 billion in July 2012
-3-
Pipelines
Crude Oil CO2
Refinery Services
Owned / Operated Facilties NaHS/NaOH Terminals
Marketing Agreements
Supply & Logistics
Crude Oil Operations Crude Oil Tanks
Refineries - Products Product Tanks
Marine Transportation
Rail Services
CO2 Facilities
Pipeline Under Construction
SEKCO
Midland
• Transportation & supply of crude oil and CO2,
connecting producers to large interstate pipelines and
refineries
• 425 miles of oil pipeline in TX, MS, FL & AL
• 1,050 miles of offshore pipelines, primarily servicing
deepwater production (excludes SEKCO)
• 269 miles of CO2 pipe including Free State and NEJD
Pipeline Transportation Supply & Logistics Refinery Services
Genesis Operational Footprint
• Refinery sulfur removal services and sales of by-
products at 9 owned and /or operated facilities
(additional facility under construction in Tulsa, OK); 4
marketing agreements
• Owned & leased NaHS and NaOH terminals in Gulf
Coast, Midwest, Montana, British Columbia, Utah and
South America
• Owned & leased logistical assets: trucks, railcars,
barges and ships
• Crude oil services and logistics, refined products services
and logistics, marine transportation and rail services
• Crude Oil: ~1.7 mmbbl storage and ~120 trucks & facilities
along Gulf Coast
• Refined Products: ~1.5 mmbbl storage, ~150 trucks, 50
“black oil” barges and 23 push boats
• Took possession of 100 heated and insulated crude
railcars in 2012 and will receive an additional 400 in 2013
Red River
Ouachita
River
Mississippi
River
Houston
Mobile
Corpus
Christi
Lake
Charles
Shreveport
TX City
Liberty
Port
Arthur
CHOPS POSEIDON
ODYSSEY
SEKCO
Jackson
MT WV
WY
CO
GA
AZ
NY
Baton
Rouge
EUGENE
ISLAND
UT
Wink Natchez
Walnut Hill `
-4-
ExxonMobil Baton Rouge Project
Map
Point Coupee
Iberville
• Genesis has entered into definitive agreements with ExxonMobil (“XOM”) in which Genesis will improve existing assets and
develop new infrastructure in Louisiana that will connect into XOM’s Anchorage Tank Farm which supplies its Baton Rouge
refinery, one of the largest refinery complexes in North America
• Genesis will construct the following infrastructure:
– Barge dock improvements and ~300,000 barrels of storage at Port Hudson, Louisiana (existing 216,000 barrels of tank capacity)
– Crude oil unit train facility at the Scenic Station Terminal
– New 18 mile, 24” diameter crude oil pipeline connecting Port Hudson to the Scenic Station Terminal and downstream to the XOM
Anchorage Tank Farm (ultimate capacity of ~350,000 bpd)
• New crude oil pipeline will have potential access to ~140 mbpd of additional refining capacity
• Expected completion for Port Hudson upgrades and new pipeline by end of 2013; Scenic Station Terminal completion expected in
2Q 2014
XOM Baton Rouge
Refinery (506 kbpd)
Port Hudson Truck Station One existing 10,000 bbl tank
Port Hudson Terminal Three new 110,000 bbl tanks
One existing 206,000 bbl tank
XOM Anchorage Tank Farm
Alon Krotz Springs Refinery (83 kbpd)
Placid Refinery (60 kbpd)
Scenic Station Terminal Unit train rail facility
LA
-5-
• Genesis has made the following offers for the three tracts of
land owned by Southern University, all three to be placed on
the September 6th board meeting agenda held in Shreveport
• Tract 1: No. LA.EB.030.00
– Servitude width of 30’; length of 135 rods
– 1.53 acres appraised at ~$8,500 per acre
– Genesis has offered $35,350 per acre; total price of
$54,088, over 4 times the appraised land value ($402/rod)
• Tract 2: No. LA.EB.051.00
– Servitude width of 30’; length of 145 rods
– 1.65 acres appraised at ~$950 per acre
– Genesis has offered $35,566.07 per acre; total price of
$58,684.02, over 37 times the appraised land value
($404/rod)
• Tract 3: No. LA.EB.055.00
– Servitude width of 30’ ; length of 35 rods
– 0.40 acres appraised at ~$10,500 per acre
– Genesis has offered $35,910 per acre; total price of
$14,364, over 3 times the appraised land value ($408/rod)
Southern University Servitudes
1
2
3
Key
Southern University Land
GEL Pipeline
Southern University
-6-
Sustainable Community Investments
Genesis is COMMITTED to making
SUSTAINABLE INVESTMENTS in
the communities where our
employees work and live.
• Hiring Locally
• Job Fair Q1 2014
• Need for Engineers, Site Manager
• Southern University has rich talent for
Baton Rouge project and Genesis LA
operations
• Landscape/site beautification
opportunities
• Mentoring Students
• Trade Careers
• Life Skills
News Releases: Genesis Energy To Invest $125 Million In Baton Rouge Area Infrastructure Project - Louisiana Economic Development
file:///C|/Users/Lisa_Green/AppData/Local/Microsoft/Windows/Temporary Internet Files/Content.Outlook/DWM36FMC/Untitled attachment 00011.htm[8/29/2013 11:18:52 AM]
Small Business Contact Us Living In Louisiana Sites & Demographics
KEY INDUSTRIES CASE STUDIES FASTSTART INCENTIVES LED NEWS
Share
2.4.13
Genesis Energy To Invest $125 Million In Baton Rouge Area Infrastructure Project
Storage tank, blending and logistics operations to result in 50 new direct jobs and 220 new indirect jobs
BATON ROUGE, La. � Today, Gov. Bobby Jindal and Genesis Energy President and Chief Operating Officer Steve
Nathanson announced a $125 million investment to improve the company�s existing assets and develop new
infrastructure in the Baton Rouge area. The company will modernize and expand its terminal in Port Hudson, construct an
18-mile, 20-inch diameter crude oil pipeline connecting to ExxonMobil�s Baton Rouge Refinery and build a new crude
oil unit train facility.
The project will create 50 new direct jobs in the area, with an average salary of $80,000 a year, plus benefits. The
expansion also will result in an estimated 220 new indirect jobs, along with 45 construction jobs.
Gov. Jindal said, �This announcement is great news for the Baton Rouge area and our entire state. Louisiana is an
energy-rich state, and we�re proud that Genesis is joining the growing list of energy companies that continue to expand
in our state because of our world-class energy infrastructure, strong business climate and incomparable workforce.
Genesis has been creating growth and opportunity in the Baton Rouge area for years, and we�re proud the company
chose to reinvest here so they can continue providing good jobs for our people.�
In addition to improvements at the company�s existing terminal in Port Hudson, including barge dock and truck station
facilities, Genesis Energy will build approximately 200,000 barrels of storage capacity to accompany its existing 216,000
barrels of storage capacity. The construction of a new 18-mile pipeline will provide the company with the capability to
connect the Port Hudson facility to ExxonMobil properties that include the Maryland Terminal north of Baton Rouge, the
Anchorage Farm Tank in West Baton Rouge Parish and the ExxonMobil Baton Rouge Refinery, along with other
Louisiana refineries. The pipeline will have an ultimate capacity of about 350,000 barrels of crude oil per day. Genesis
Energy has entered into definitive agreements with ExxonMobil in which ExxonMobil will grant Genesis Energy a land
GARY PERILLOUXPress [email protected]
225.342.3437
MEDIA CONTACT
News Releases: Genesis Energy To Invest $125 Million In Baton Rouge Area Infrastructure Project - Louisiana Economic Development
file:///C|/Users/Lisa_Green/AppData/Local/Microsoft/Windows/Temporary Internet Files/Content.Outlook/DWM36FMC/Untitled attachment 00011.htm[8/29/2013 11:18:52 AM]
�2013 Louisiana Economic Development 1051 North Third Street, Baton Rouge, LA 70802-5239 800.450.8115 225.342.3000
About LED Info for Partners & Allies Additional Resources Boards & Reports Staff Directory Legal & Privacy Office of the Governor
lease at the Maryland Terminal site and secure preferential rights for throughput at the facilities.
�With the expansion of our operations in Louisiana, Genesis looks forward to a strong future in the state and an
increase in our contribution to the local economy,� Nathanson said. �This project positions Genesis as an efficient
midstream service provider for crude oil supply and logistics in the region. Genesis is committed to being a good
neighbor and will keep the community informed throughout the development of this project. We also intend to hire locally
where possible during the construction phase and long-term operations of the facilities.�
Genesis Energy is headquartered in Houston. The company�s operations are primarily located in Texas, Louisiana,
Arkansas, Mississippi, Alabama, Florida and the Gulf of Mexico. Genesis Energy currently employs more than 300
people in Louisiana who support additional refinery and chemical operations around the state.
LED began working with Genesis Energy on the current project in January. The company is expected to utilize
Louisiana�s Quality Jobs and Industrial Tax Exemption incentives.
Construction is expected to begin in early 2013, with upgrades to the Port Hudson Terminal and new crude oil pipeline to
be completed by the end of 2013. Completion of the Maryland Terminal is scheduled for the second quarter 2014. Hiring
for the expansion will begin in late 2013.
"The success of Genesis Energy will further contribute to the strength of the Baton Rouge area. We congratulate the
company on their upcoming expansion and appreciate their commitment to Baton Rouge," said Mayor-President Melvin
"Kip" Holden of Baton Rouge and East Baton Rouge Parish.
"BRAC was pleased to work with Genesis Energy to help their project come about," said President and CEO Adam
Knapp of the Baton Rouge Area Chamber. "We continue to work to execute our recently completed target industry
strategy, and projects like the Genesis expansion fuel our region's momentum."
About Genesis EnergyGenesis Energy LP is a diversified midstream energy master limited partnership headquartered in Houston. Genesis
operations include pipeline transportation, refinery services and supply and logistics. The Pipeline Transportation Division
is engaged in the pipeline transportation of crude oil and carbon dioxide. The Refinery Services Division primarily
processes sour gas streams to remove sulfur at refining operations. The Supply and Logistics Division is engaged in the
transportation, storage and supply and marketing of energy products, including crude oil, refined products and certain
industrial gases. Genesis operations are primarily located in Texas, Louisiana, Arkansas, Mississippi, Alabama, Florida
and the Gulf of Mexico. For more information, visit www.genesisenergy.com.
Stay Connected Email Sign-up Economic Quarterly Recent News
STATE OF LOUISIANA Tract No. LA.EB.055.00
PARISH OF EAST BATON ROUGE
RIGHT-OF-WAY AND SERVITUDE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT for and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and adequacy of which consideration are hereby
acknowledged, THE BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY &
AGRICULTURAL & MECHANICAL COLLEGE, represented herein by
, its , ("Grantor”) whose mailing address is J. S.
Clark Admin. Bldg. 4th
Floor, Baton Rouge, Louisiana 70813, does hereby grant and convey
unto Genesis Pipeline USA, L.P., ("Grantee"), a Delaware Limited Partnership, with offices at
919 Milam Street, Suite 2100, Houston, Texas 77002, its successors and assigns, a right-of way
and servitude being thirty feet (30’) in width, with the location of the centerline of said right-of-
way and servitude as described on Exhibit “A”, and depicted on Exhibit “B”, attached hereto and
made a part hereof (the “Servitude”) to lay, construct, maintain, use, alter, inspect, operate,
repair, replace, and remove one or more pipelines, and related appurtenances, for the
transportation of oil, natural gas, other gases, water, liquids, or hydrocarbons together with such
markers, signs, vents, cathodic protection leads, test stations, and other associated or necessary
appurtenances, as deemed necessary or desirable by Grantee, upon, over, through and under
lands situated in East Baton Rouge Parish, Louisiana, to wit:
That certain tract or parcel of land situated in Section 74, Township 6 South,
Range 1 West, East Baton Rouge Parish, Louisiana, and being more
particularly described in that certain Credit Sale, dated March 14, 1914,
recorded in Original 88, Bundle 170, of the Conveyance Records for East
Baton Rouge Parish, Louisiana. TO HAVE AND TO HOLD unto Grantee, its successors and assigns subject to the
following terms and conditions:
A) Grantor and Grantee agree:
(1) that Grantee shall pay for any damage to fences, crops or timber, that may result
from Grantee’s exercise of any of the rights and privileges hereby granted; but after the
pipeline(s) has/have been constructed, Grantee shall not thereafter be liable for any damages
resulting from trimming, removing or mowing trees, brush, or undergrowth from or within the
Servitude and shall not be liable for any damage to personal property or improvements which are
prohibited within the Servitude under the terms of this Right-of-Way and Servitude Agreement
(“Agreement”); and
(2) that, if the above described lands are under mortgage, the recited consideration, or
any part thereof, may be made jointly to Grantor and the mortgagee(s) of record.
B) In addition to and in furtherance of the rights stated above, Grantee has the right:
(1) of ingress to and egress from the Servitude, as defined above, and the temporary
right-of-way workspace, as defined below, in order to effect Grantee’s rights granted by this
Agreement, at will of Grantee; and
(2) from time to time to mow and otherwise clear and maintain the Servitude and
right-of-way area and to cut and remove all trees, undergrowth and other obstructions that may
injure, endanger, or interfere with the rights of Grantee hereunder; however, Grantee shall not
interrupt the day to day operations and functions of Grantor.
(3) subject to all of the provisions of this instrument, to use any and all roads now
existing or which may hereafter be constructed on the above described land, provided, however,
that if Grantee uses existing roads, Grantee will, except for normal wear and tear, repair any
damage done thereto by Grantee; and
(4) to use temporary right-of-way workspace during construction of the pipeline(s) or
associated facilities as described and depicted on Exhibits “A” and “B”, attached hereto. This
temporary right-of-way workspace shall terminate two hundred forty (240) days from the date of
execution of this agreement, unless extended by Force Majeure.
Except as may be specifically otherwise provided in this Agreement, neither party shall be liable
for delays in performance or for non-performance directly occasioned or caused by force
majeure. The term "Force Majeure," as used in this Agreement, shall mean causes beyond the
reasonable control of the party claiming to be affected thereby, including, without limitation, acts
of God, storms, war, fire, strikes, lockouts or differences with workers, acts of the public enemy,
insurrections, riots, tropical disturbances which are given names by the United States National
Hurricane Center, breakage of or damage to machinery or lines of pipe, inability to obtain
easements, servitudes or rights of way or pipeline tie-ins, adverse market conditions, or rules or
regulations of any governmental authority asserting jurisdiction or control, compliance with
which makes continuance of operations impossible. Additionally, should conditions at the
Servitude, in the reasonable opinion of Grantee, become such that a continuation of operations
would be unduly hazardous, Grantee may suspend operations and such suspension shall be
considered a Force Majeure event.
C) Grantee must:
(1) bury the pipeline(s), excluding appurtenant facilities that are customarily located
above grade, at a minimum depth of thirty six (36) inches from the top of the pipe, except in
areas of consolidated rock where the minimum depth will be 18 inches; and
(2) GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS
FROM ANY AND ALL CLAIMS, DEMANDS, OR LOSSES BECAUSE OF INJURY OR
DAMAGE TO THIRD PARTIES CAUSED BY THE GRANTEE’S ACTIVITIES ON OR USE
OF GRANTOR’S LANDS. NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, THIS INDEMNITY IS NOT INTENDED TO AND DOES NOT PROVIDE FOR
INDEMNIFICATION ARISING FROM OR CAUSED BY GRANTOR’S NEGLIGENCE OR
WILLFUL MISCONDUCT. SPECIFICALLY EXCLUDED FROM THE FOREGOING
INDEMNITY IS ANY CLAIM FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
ANY CLAIM FOR THE DISCOVERY OF ADVERSE ENVIRONMENTAL CONDITIONS
NOT CAUSED BY GRANTEE.
D) Grantor:
(1) may fully use and enjoy the above described lands encumbered by this Servitude,
except that such use and enjoyment shall not create hazardous situations, hinder, conflict or
interfere with the exercise of Grantee’s rights hereunder; but
(2) may not construct, nor permit others to construct, any house, building, or other
structure or obstructions on or over this Servitude without the prior written consent of the
Grantee; or
(3) may not impound water or other substance, or
(4) may not make any other use of the above described lands which will
unreasonably interfere with the rights conveyed to the Grantee herein.
E) The rights of the parties created in this Agreement constitute covenants running with the
land and are binding upon and inure to the benefit of Grantor and Grantee, respectively, and their
respective heirs, executors, administrators, successors, and assigns. Grantee may assign or
transfer this Agreement in whole or in part, to one or more assignees.
F) It is distinctly understood and agreed that this does not constitute a conveyance of any
part of the land above described nor of the minerals therein and thereunder, but grants only the
right-of-way and servitude as above provided.
G) It is understood and agreed that Grantee shall be entitled to exercise any of the rights
granted hereunder at any time and from time to time for so long as this Agreement remains in
force and effect and the non-exercise of any such rights shall not be deemed to constitute a
waiver of any of such rights.
H) Should Grantee fail to use the same for the purposes herein provided for a period of
twenty-four (24) consecutive months, then and in that event this right-of-way agreement and
servitude shall be terminated.
I) This Agreement may be executed by signing the original or a counterpart thereof. If
this instrument is executed in counterparts, all counterparts taken together shall have the same
effect as if all parties had signed the same Agreement. This Agreement shall be binding upon
each party executing the original or any counterpart thereof, regardless of whether all parties
with an ownership interest in the above described lands join in the execution of this instrument.
I) This agreement shall be construed in accordance with and governed by the laws of the
State of Louisiana, without regard to its conflict of laws provisions. This Agreement may not be
modified orally, but only by an agreement in writing signed by the parties.
J) In case any provision in this Agreement is held invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions of this Agreement will not in any
way be affected or impaired thereby.
******** Remainder of this page intentionally left blank ********
IN WITNESS WHEREOF, GRANTOR has executed this Right of Way and Servitude Agreement this _______ day of , 2013.
WITNESSES: GRANTOR:
THE BOARD OF SUPERVISORS OF
SOUTHERN UNIVERSITY &
AGRICULTURAL & MECHANICAL COLLEGE
BY: Print Name:
Print Name:
GRANTEE:
GENESIS PIPELINE USA, L.P.
BY: Print Name: KAREN PAPE, SENIOR VICE PRESIDENT
AND CONTROLLER Print Name:
STATE OF PARISH OF Before me on this day of ,2013,
appeared , to me personally known, who being by me
duly sworn, did say that he is the CHAIRMAN OF THE BOARD for THE BOARD OF
SUPERVISORS OF SOUTHERN UNIVERSITY & AGRICULTURAL & MECHANICAL
COLLEGE, and that the foregoing instrument was signed and delivered on behalf of said
college by authority of its Board of Supervisors and the said
acknowledged said instrument to be the free act and deed of said college and that he executed the
same as his free act and deed.
(Signature)
(Printed Name)
Notary ID No.
My Commission expires:
STATE OF TEXAS
COUNTY OF HARRIS
On this day of , 2013, before me, Notary,
personally came and appeared KAREN PAPE, to me known, who, being by me first duly
sworn, did say that she is the SENIOR VICE PRESIDENT and CONTROLLER of
GENESIS PIPELINE USA, L.P., and that the foregoing instrument was signed on behalf of
said limited partnership by its SENIOR VICE PRESIDEN and CONTROLLER and that
he/she acknowledged this instrument to be the free act and deed of said limited partnership.
Notary Public
(typed or printed name)
Notary ID No.
My Commission Expires:
EXHIBIT “A”
Attached to and made a part of those three certain Right-of-Way and Servitude Agreements
dated that will be placed on the meeting agenda under the
Facilities and Property Committee for Southern University and A & M College held on the 16th
day of August, 2013.
It is understood and agreed that The Board of Supervisors of Southern University & Mechanical
College will grant a servitude across three tracts of land as described in each of the three
servitude agreements for a proposed 24” crude oil pipeline to be owned and operated by Genesis
Pipeline USA, L.P., and Genesis Pipeline USA, L.P. agrees to compensate The Board of
Supervisors of Southern University & Mechanical College as follows to be paid upon execution
of said servitudes:
Tract No. LA.EB.030.00
135.22 rods @ $400.00 per rod = $54,088.00
Tract No. LA.EB.051.00
146.71 rods @ $400.00 per rod = $58,684.00
Tract No. LA.EB.055.00
35.91 rods @ $400.00 per rod = $14,364.00
TOTAL $127,136.00
STATE OF LOUISIANA Tract No. LA.EB.051.00
PARISH OF EAST BATON ROUGE
RIGHT-OF-WAY AND SERVITUDE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT for and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and adequacy of which consideration are hereby
acknowledged, THE BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY &
AGRICULTURAL & MECHANICAL COLLEGE, represented herein by
, its , ("Grantor”) whose mailing address is J. S.
Clark Admin. Bldg. 4th
Floor, Baton Rouge, Louisiana 70813, does hereby grant and convey
unto Genesis Pipeline USA, L.P., ("Grantee"), a Delaware Limited Partnership, with offices at
919 Milam Street, Suite 2100, Houston, Texas 77002, its successors and assigns, a right-of way
and servitude being thirty feet (30’) in width, with the location of the centerline of said right-of-
way and servitude as described on Exhibit “A”, and depicted on Exhibit “B”, attached hereto and
made a part hereof (the “Servitude”) to lay, construct, maintain, use, alter, inspect, operate,
repair, replace, and remove one or more pipelines, and related appurtenances, for the
transportation of oil, natural gas, other gases, water, liquids, or hydrocarbons together with such
markers, signs, vents, cathodic protection leads, test stations, and other associated or necessary
appurtenances, as deemed necessary or desirable by Grantee, upon, over, through and under
lands situated in East Baton Rouge Parish, Louisiana, to wit:
That certain tract or parcel of land situated in Section 74, Township 6 South,
Range 1 West, East Baton Rouge Parish, Louisiana, and being more
particularly described in that certain Act of Donation, dated June 14, 2007,
recorded in Original 93, Bundle 12018, of the Conveyance Records for East
Baton Rouge Parish, Louisiana.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns subject to the
following terms and conditions:
A) Grantor and Grantee agree:
(1) that Grantee shall pay for any damage to fences, crops or timber, that may result
from Grantee’s exercise of any of the rights and privileges hereby granted; but after the
pipeline(s) has/have been constructed, Grantee shall not thereafter be liable for any damages
resulting from trimming, removing or mowing trees, brush, or undergrowth from or within the
Servitude and shall not be liable for any damage to personal property or improvements which are
prohibited within the Servitude under the terms of this Right-of-Way and Servitude Agreement
(“Agreement”); and
(2) that, if the above described lands are under mortgage, the recited consideration, or
any part thereof, may be made jointly to Grantor and the mortgagee(s) of record.
B) In addition to and in furtherance of the rights stated above, Grantee has the right:
(1) of ingress to and egress from the Servitude, as defined above, and the temporary
right-of-way workspace, as defined below, in order to effect Grantee’s rights granted by this
Agreement, at will of Grantee; and
(2) from time to time to mow and otherwise clear and maintain the Servitude and
right-of-way area and to cut and remove all trees, undergrowth and other obstructions that may
injure, endanger, or interfere with the rights of Grantee hereunder; however, Grantee shall not
interrupt the day to day operations and functions of Grantor.
(3) subject to all of the provisions of this instrument, to use any and all roads now
existing or which may hereafter be constructed on the above described land, provided, however,
that if Grantee uses existing roads, Grantee will, except for normal wear and tear, repair any
damage done thereto by Grantee; and
(4) to use temporary right-of-way workspace during construction of the pipeline(s) or
associated facilities as described and depicted on Exhibits “A” and “B”, attached hereto. This
temporary right-of-way workspace shall terminate two hundred forty (240) days from the date of
execution of this agreement, unless extended by Force Majeure.
Except as may be specifically otherwise provided in this Agreement, neither party shall be liable
for delays in performance or for non-performance directly occasioned or caused by force
majeure. The term "Force Majeure," as used in this Agreement, shall mean causes beyond the
reasonable control of the party claiming to be affected thereby, including, without limitation, acts
of God, storms, war, fire, strikes, lockouts or differences with workers, acts of the public enemy,
insurrections, riots, tropical disturbances which are given names by the United States National
Hurricane Center, breakage of or damage to machinery or lines of pipe, inability to obtain
easements, servitudes or rights of way or pipeline tie-ins, adverse market conditions, or rules or
regulations of any governmental authority asserting jurisdiction or control, compliance with
which makes continuance of operations impossible. Additionally, should conditions at the
Servitude, in the reasonable opinion of Grantee, become such that a continuation of operations
would be unduly hazardous, Grantee may suspend operations and such suspension shall be
considered a Force Majeure event.
C) Grantee must:
(1) bury the pipeline(s), excluding appurtenant facilities that are customarily located
above grade, at a minimum depth of thirty six (36) inches from the top of the pipe, except in
areas of consolidated rock where the minimum depth will be 18 inches; and
(2) GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS
FROM ANY AND ALL CLAIMS, DEMANDS, OR LOSSES BECAUSE OF INJURY OR
DAMAGE TO THIRD PARTIES CAUSED BY THE GRANTEE’S ACTIVITIES ON OR USE
OF GRANTOR’S LANDS. NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, THIS INDEMNITY IS NOT INTENDED TO AND DOES NOT PROVIDE FOR
INDEMNIFICATION ARISING FROM OR CAUSED BY GRANTOR’S NEGLIGENCE OR
WILLFUL MISCONDUCT. SPECIFICALLY EXCLUDED FROM THE FOREGOING
INDEMNITY IS ANY CLAIM FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
ANY CLAIM FOR THE DISCOVERY OF ADVERSE ENVIRONMENTAL CONDITIONS
NOT CAUSED BY GRANTEE.
D) Grantor:
(1) may fully use and enjoy the above described lands encumbered by this Servitude,
except that such use and enjoyment shall not create hazardous situations, hinder, conflict or
interfere with the exercise of Grantee’s rights hereunder; but
(2) may not construct, nor permit others to construct, any house, building, or other
structure or obstructions on or over this Servitude without the prior written consent of the
Grantee; or
(3) may not impound water or other substance, or
(4) may not make any other use of the above described lands which will
unreasonably interfere with the rights conveyed to the Grantee herein.
E) The rights of the parties created in this Agreement constitute covenants running with the
land and are binding upon and inure to the benefit of Grantor and Grantee, respectively, and their
respective heirs, executors, administrators, successors, and assigns. Grantee may assign or
transfer this Agreement in whole or in part, to one or more assignees.
F) It is distinctly understood and agreed that this does not constitute a conveyance of any
part of the land above described nor of the minerals therein and thereunder, but grants only the
right-of-way and servitude as above provided.
G) It is understood and agreed that Grantee shall be entitled to exercise any of the rights
granted hereunder at any time and from time to time for so long as this Agreement remains in
force and effect and the non-exercise of any such rights shall not be deemed to constitute a
waiver of any of such rights.
H) Should Grantee fail to use the same for the purposes herein provided for a period of
twenty-four (24) consecutive months, then and in that event this right-of-way agreement and
servitude shall be terminated.
I) This Agreement may be executed by signing the original or a counterpart thereof. If
this instrument is executed in counterparts, all counterparts taken together shall have the same
effect as if all parties had signed the same Agreement. This Agreement shall be binding upon
each party executing the original or any counterpart thereof, regardless of whether all parties
with an ownership interest in the above described lands join in the execution of this instrument.
I) This agreement shall be construed in accordance with and governed by the laws of the
State of Louisiana, without regard to its conflict of laws provisions. This Agreement may not be
modified orally, but only by an agreement in writing signed by the parties.
J) In case any provision in this Agreement is held invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions of this Agreement will not in any
way be affected or impaired thereby.
******** Remainder of this page intentionally left blank ********
IN WITNESS WHEREOF, GRANTOR has executed this Right of Way and Servitude Agreement this _______ day of , 2013.
WITNESSES: GRANTOR:
THE BOARD OF SUPERVISORS OF
SOUTHERN UNIVERSITY &
AGRICULTURAL & MECHANICAL COLLEGE
BY: Print Name:
Print Name:
GRANTEE:
GENESIS PIPELINE USA, L.P.
BY: Print Name: KAREN PAPE, SENIOR VICE PRESIDENT
AND CONTROLLER Print Name:
STATE OF PARISH OF Before me on this day of ,2013,
appeared , to me personally known, who being by me
duly sworn, did say that he is the CHAIRMAN OF THE BOARD for THE BOARD OF
SUPERVISORS OF SOUTHERN UNIVERSITY & AGRICULTURAL & MECHANICAL
COLLEGE, and that the foregoing instrument was signed and delivered on behalf of said
college by authority of its Board of Supervisors and the said
acknowledged said instrument to be the free act and deed of said college and that he executed the
same as his free act and deed.
(Signature)
(Printed Name)
Notary ID No.
My Commission expires:
STATE OF TEXAS
COUNTY OF HARRIS
On this day of , 2013, before me, Notary,
personally came and appeared KAREN PAPE, to me known, who, being by me first duly
sworn, did say that she is the SENIOR VICE PRESIDENT and CONTROLLER of
GENESIS PIPELINE USA, L.P., and that the foregoing instrument was signed on behalf of
said limited partnership by its SENIOR VICE PRESIDEN and CONTROLLER and that
he/she acknowledged this instrument to be the free act and deed of said limited partnership.
Notary Public
(typed or printed name)
Notary ID No.
My Commission Expires:
STATE OF LOUISIANA Tract No. LA.EB.030.00
PARISH OF EAST BATON ROUGE
RIGHT-OF-WAY AND SERVITUDE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT for and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and adequacy of which consideration are hereby
acknowledged, THE BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY &
AGRICULTURAL & MECHANICAL COLLEGE, represented herein by
, its , ("Grantor”) whose mailing address is J. S.
Clark Admin. Bldg. 4th
Floor, Baton Rouge, Louisiana 70813, does hereby grant and convey
unto Genesis Pipeline USA, L.P., ("Grantee"), a Delaware Limited Partnership, with offices at
919 Milam Street, Suite 2100, Houston, Texas 77002, its successors and assigns, a right-of way
and servitude being thirty feet (30’) in width, with the location of the centerline of said right-of-
way and servitude as described on Exhibit “A”, and depicted on Exhibit “B”, attached hereto and
made a part hereof (the “Servitude”) to lay, construct, maintain, use, alter, inspect, operate,
repair, replace, and remove one or more pipelines, and related appurtenances, for the
transportation of oil, natural gas, other gases, water, liquids, or hydrocarbons together with such
markers, signs, vents, cathodic protection leads, test stations, and other associated or necessary
appurtenances, as deemed necessary or desirable by Grantee, upon, over, through and under
lands situated in East Baton Rouge Parish, Louisiana, to wit:
That certain tract or parcel of land situated in Sections 42, Township 5
South, Range 1 West, East Baton Rouge Parish, Louisiana, and being more
particularly described in that certain Act of Sale, dated August 29, 1955,
recorded in Original 56, Bundle 3578, of the Conveyance Records for East
Baton Rouge Parish, Louisiana.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns subject to the
following terms and conditions:
A) Grantor and Grantee agree:
(1) that Grantee shall pay for any damage to fences, crops or timber, that may result
from Grantee’s exercise of any of the rights and privileges hereby granted; but after the
pipeline(s) has/have been constructed, Grantee shall not thereafter be liable for any damages
resulting from trimming, removing or mowing trees, brush, or undergrowth from or within the
Servitude and shall not be liable for any damage to personal property or improvements which are
prohibited within the Servitude under the terms of this Right-of-Way and Servitude Agreement
(“Agreement”); and
(2) that, if the above described lands are under mortgage, the recited consideration, or
any part thereof, may be made jointly to Grantor and the mortgagee(s) of record.
B) In addition to and in furtherance of the rights stated above, Grantee has the right:
(1) of ingress to and egress from the Servitude, as defined above, and the temporary
right-of-way workspace, as defined below, in order to effect Grantee’s rights granted by this
Agreement, at will of Grantee; and
(2) from time to time to mow and otherwise clear and maintain the Servitude and
right-of-way area and to cut and remove all trees, undergrowth and other obstructions that may
injure, endanger, or interfere with the rights of Grantee hereunder; however, Grantee shall not
interrupt the day to day operations and functions of Grantor.
(3) subject to all of the provisions of this instrument, to use any and all roads now
existing or which may hereafter be constructed on the above described land, provided, however,
that if Grantee uses existing roads, Grantee will, except for normal wear and tear, repair any
damage done thereto by Grantee; and
(4) to use temporary right-of-way workspace during construction of the pipeline(s) or
associated facilities as described and depicted on Exhibits “A” and “B”, attached hereto. This
temporary right-of-way workspace shall terminate two hundred forty (240) days from the date of
execution of this agreement, unless extended by Force Majeure.
Except as may be specifically otherwise provided in this Agreement, neither party shall be liable
for delays in performance or for non-performance directly occasioned or caused by force
majeure. The term "Force Majeure," as used in this Agreement, shall mean causes beyond the
reasonable control of the party claiming to be affected thereby, including, without limitation, acts
of God, storms, war, fire, strikes, lockouts or differences with workers, acts of the public enemy,
insurrections, riots, tropical disturbances which are given names by the United States National
Hurricane Center, breakage of or damage to machinery or lines of pipe, inability to obtain
easements, servitudes or rights of way or pipeline tie-ins, adverse market conditions, or rules or
regulations of any governmental authority asserting jurisdiction or control, compliance with
which makes continuance of operations impossible. Additionally, should conditions at the
Servitude, in the reasonable opinion of Grantee, become such that a continuation of operations
would be unduly hazardous, Grantee may suspend operations and such suspension shall be
considered a Force Majeure event.
C) Grantee must:
(1) bury the pipeline(s), excluding appurtenant facilities that are customarily located
above grade, at a minimum depth of thirty six (36) inches from the top of the pipe, except in
areas of consolidated rock where the minimum depth will be 18 inches; and
(2) GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS
FROM ANY AND ALL CLAIMS, DEMANDS, OR LOSSES BECAUSE OF INJURY OR
DAMAGE TO THIRD PARTIES CAUSED BY THE GRANTEE’S ACTIVITIES ON OR USE
OF GRANTOR’S LANDS. NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, THIS INDEMNITY IS NOT INTENDED TO AND DOES NOT PROVIDE FOR
INDEMNIFICATION ARISING FROM OR CAUSED BY GRANTOR’S NEGLIGENCE OR
WILLFUL MISCONDUCT. SPECIFICALLY EXCLUDED FROM THE FOREGOING
INDEMNITY IS ANY CLAIM FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
ANY CLAIM FOR THE DISCOVERY OF ADVERSE ENVIRONMENTAL CONDITIONS
NOT CAUSED BY GRANTEE.
D) Grantor:
(1) may fully use and enjoy the above described lands encumbered by this Servitude,
except that such use and enjoyment shall not create hazardous situations, hinder, conflict or
interfere with the exercise of Grantee’s rights hereunder; but
(2) may not construct, nor permit others to construct, any house, building, or other
structure or obstructions on or over this Servitude without the prior written consent of the
Grantee; or
(3) may not impound water or other substance, or
(4) may not make any other use of the above described lands which will
unreasonably interfere with the rights conveyed to the Grantee herein.
E) The rights of the parties created in this Agreement constitute covenants running with the
land and are binding upon and inure to the benefit of Grantor and Grantee, respectively, and their
respective heirs, executors, administrators, successors, and assigns. Grantee may assign or
transfer this Agreement in whole or in part, to one or more assignees.
F) It is distinctly understood and agreed that this does not constitute a conveyance of any
part of the land above described nor of the minerals therein and thereunder, but grants only the
right-of-way and servitude as above provided.
G) It is understood and agreed that Grantee shall be entitled to exercise any of the rights
granted hereunder at any time and from time to time for so long as this Agreement remains in
force and effect and the non-exercise of any such rights shall not be deemed to constitute a
waiver of any of such rights.
H) Should Grantee fail to use the same for the purposes herein provided for a period of
twenty-four (24) consecutive months, then and in that event this right-of-way agreement and
servitude shall be terminated.
I) This Agreement may be executed by signing the original or a counterpart thereof. If
this instrument is executed in counterparts, all counterparts taken together shall have the same
effect as if all parties had signed the same Agreement. This Agreement shall be binding upon
each party executing the original or any counterpart thereof, regardless of whether all parties
with an ownership interest in the above described lands join in the execution of this instrument.
I) This agreement shall be construed in accordance with and governed by the laws of the
State of Louisiana, without regard to its conflict of laws provisions. This Agreement may not be
modified orally, but only by an agreement in writing signed by the parties.
J) In case any provision in this Agreement is held invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions of this Agreement will not in any
way be affected or impaired thereby.
******** Remainder of this page intentionally left blank ********
IN WITNESS WHEREOF, GRANTOR has executed this Right of Way and Servitude Agreement this _______ day of , 2013.
WITNESSES: GRANTOR:
THE BOARD OF SUPERVISORS OF
SOUTHERN UNIVERSITY &
AGRICULTURAL & MECHANICAL COLLEGE
BY: Print Name:
Print Name:
GRANTEE:
GENESIS PIPELINE USA, L.P.
BY: Print Name: KAREN PAPE, SENIOR VICE PRESIDENT
AND CONTROLLER Print Name:
STATE OF PARISH OF Before me on this day of ,2013,
appeared , to me personally known, who being by me
duly sworn, did say that he is the CHAIRMAN OF THE BOARD for THE BOARD OF
SUPERVISORS OF SOUTHERN UNIVERSITY & AGRICULTURAL & MECHANICAL
COLLEGE, and that the foregoing instrument was signed and delivered on behalf of said
college by authority of its Board of Supervisors and the said
acknowledged said instrument to be the free act and deed of said college and that he executed the
same as his free act and deed.
(Signature)
(Printed Name)
Notary ID No.
My Commission expires:
STATE OF TEXAS
COUNTY OF HARRIS
On this day of , 2013, before me, Notary,
personally came and appeared KAREN PAPE, to me known, who, being by me first duly
sworn, did say that she is the SENIOR VICE PRESIDENT and CONTROLLER of
GENESIS PIPELINE USA, L.P., and that the foregoing instrument was signed on behalf of
said limited partnership by its SENIOR VICE PRESIDEN and CONTROLLER and that
he/she acknowledged this instrument to be the free act and deed of said limited partnership.
Notary Public
(typed or printed name)
Notary ID No.
My Commission Expires:
